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HomeMy WebLinkAboutMINUTES 07/07/2015 REGULAR MEETING REGULAR MEETING — July 7, 2015 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Freeman gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, July 7, 2015 at 8:34 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Kaprina Frank; Councilmembers Raymond Scott, Jr., Stephen A. Mosely, Osman Swati and Derrick Freeman; City Manager Brian McDougal, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. Councilmember Willie "Bae" Lewis, Jr., joined the Regular Meeting at 8:38 a.m. Councilmember Morris Albright, III., joined the Regular Meeting at 8:39 a.m. Councilmember Tiffany Hamilton, joined the Regular Meeting at 9:10 a.m. II. APPOVAL OF AGENDA Upon the motion of Councilmember Freeman, seconded by Councilmember Scott and carried unanimously, the agenda was approved. III. PROCLAMATIONS & MINUTES Proclamations The Mayor issued the following Proclamations: July 7, 2015 as "Haven Abraham, Alyssa Chambers, Lillian Daiz, Alexis Davis, Renijah Dixson, Jazmine Gibson, Tyikhia Jenkins, Brook Viltz, Chree Leday, Jacqueline Williams, Sierra Seymour, and Autumn Dennison Day" Minutes February 17, 2015 Regular Meeting March 17, 2015 Regular Meeting The motion was made by Mayor Pro Tem Frank and seconded by Councilmember Freeman that the above-mentioned minutes be adopted. The following roll call vote was taken on the motion to adopt the above-mentioned minutes: Councilmember Albright "Yes" Mayor Pro Tern Frank "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" The above-mentioned minutes were adopted. IV. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations A. Presentations (1) Ms. Chasity Bobino And Mr. Michael Jefferson Regarding The 1st Annual Chasity Bobino Community Fest Ms. Chasity Bobino and Mr. Michael Jefferson gave the above-mentioned presentation. B. Employee Recognition — None C. Correspondence — None V. PUBLIC HEARINGS — 9:00 A.M. — NONE VI. UNFINISHED BUSINESS (1) P.R. No. 19002 — A Resolution Authorizing The City Manager To Execute A Lease Agreement Between The City Of Port Arthur And The Port Arthur Yacht Club The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Frank that Proposed Resolution No. 19002 be tabled. The following roll call vote was taken on the motion to table Proposed Resolution No. 19002: Councilmember Albright "Yes" Mayor Pro Tern Frank "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19002 was tabled. VII. CONSENT AGENDA The motion was made by Councilmember Scott and seconded by Councilmember Albright that the following Consent Agenda items be adopted with the exception of Proposed Resolutions No. 19035, 19041, 19048, 19051 and 19052: The following roll call vote was taken on the motion to adopt the Consent Agenda: Councilmember Albright "Yes" Mayor Pro Tern Frank "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" The Consent Agenda was a adopted. A. Expense Reports: Mayor Deloris Prince: TML Board Meeting Corpus Christi, TX June 25-26, 2015 $629.85 B. Resolutions — Consent City Council Minutes 2 Regular Meeting —July 7, 2015 (1) P.R. No. 18924 — A Resolution Calling A Public Hearing To Consider The Designation Of A Reinvestment Zone For The Downtown/Lamar State College Area Pursuant To Chapter 312.201 Of The Texas Tax Code Proposed Resolution No. 18924 was adopted becoming Resolution No. 15-236. (2) P.R. No. 19016 — A Resolution Calling A Public Hearing To Consider The Designation Of A Reinvestment Zone For The Downtown/Port Of Port Arthur Area Pursuant To Chapter 312.201 Of The Texas Tax Code Proposed Resolution No. 19016 was adopted becoming Resolution No. 15-237. (3) P.R. No. 19034 — A Resolution Authorizing The City Manager To Execute Settlement Of A Claim In The Amount Of $8,600.00 Made Against Kayla McCall And Pronto General Agency, Ltd., As A Result Of The Property Damage To The Traffic Controller Cabinet At The XYZ Gate (2800 MLK Drive) Proposed Resolution No. 19034 was adopted becoming Resolution No. 15-238. (5) P.R. No. 19036 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $6,513.46 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1811 Proposed Resolution No. 19036 was adopted becoming Resolution No. 15-239. (6) P.R. No. 19037 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $8,992.15 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1835 Proposed Resolution No. 19037 was adopted becoming Resolution No. 15-240. (7) P.R. No. 19038 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $6,727.50 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1888 Proposed Resolution No. 19038 was adopted becoming Resolution No. 15-241. (8) P.R. No. 19039 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Proposed Resolution No. 19039 was adopted becoming Resolution No. 15-242. (10) P.R. No. 19046 — A Resolution Authorizing The Second Year (First Renewal) Of A Contract With Farrwest Environmental Supply, Inc., Of Schertz, Texas, For The Lease, Calibration And Servicing Of Hazardous Materials Detection Equipment, In An Amount Not To Exceed $33,152.80. Funding From Fire Department Account No. 001-1121- 522.42-00 Proposed Resolution No. 19046 was adopted becoming Resolution No. 15-243. City Council Minutes 3 Regular Meeting —July 7, 2015 (11) P.R. No. 19047 — A Resolution Approving The FY 2015-2016 Contract Between The City Of Port Arthur And The Department Of State Health Services For The Public Health Emergency Preparedness Program In The Amount Of $100,296.00 Proposed Resolution No. 19047 was adopted becoming Resolution No. 15-244. (13) P.R. No. 19050 — A Resolution Authorizing The City Manager To Submit To The Texas Department Of Transportation (TXDOT) The Fiscal Year 2015 Bus And Bus Facility Program (FTA § 5339) Funding Application For Improvements To The New Transit Administration Building Proposed Resolution No. 19050 was adopted becoming Resolution No. 15-245. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (4) P.R. No. 19035 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $7,082.37 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1836 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Scott that Proposed Resolution No. 19035 be adopted. Port Arthur Police Chief Mark Blanton appeared before the City Council to answer inquiries regarding the above-mentioned settlement. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19035: Councilmember Albright "Yes" Mayor Pro Tern Frank "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19035 was adopted becoming Resolution No. 15-246. The caption of Resolution No. 15-246 reads as follows: RESOLUTION NO. 15-246 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $7,082.37 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A RESULT OF THE PROPERTY DAMAGE TO POLICE VEHICLE #1836 (9) P.R. No. 19041 — A Resolution Authorizing An Increase In The Existing Blanket Order By $20,000.00 For Southeast City Council Minutes 4 Regular Meeting —July 7, 2015 Service Company Of Port Arthur, Texas, For Maintenance Services For The Heating, Ventilation And Air Conditioning Systems (HVAC) In City Buildings. Funding Available In Various Departmental Accounts The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Scott and seconded by Mayor Pro Tern Frank that Proposed Resolution No. 19041 be adopted. Interim Public Works Director Rawetts Beheeth appeared before the City Council to answer inquiries regarding the above-mentioned blanket order. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19041: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19041 was adopted becoming Resolution No. 15-247. The caption of Resolution No. 15-247 reads as follows: RESOLUTION NO. 15-247 A RESOLUTION AUTHORIZING AN INCREASE IN THE EXISTING BLANKET ORDER BY $20,000.00 FOR SOUTHEAST SERVICE COMPANY OF PORT ARTHUR, TEXAS, FOR MAINTENANCE SERVICES FOR THE HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS (HVAC) IN CITY BUILDINGS. FUNDING AVAILABLE IN VARIOUS DEPARTMENTAL ACCOUNTS (12) P.R. No. 19048 — A Resolution Amending The Uniform Tax Abatement Policy For The Term March 9, 2014 Through March 9, 2016 Pursuant To Chapter 312 Of The Texas Property Code The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Freeman that Proposed Resolution No. 19048 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19048: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" City Council Minutes 5 Regular Meeting —July 7, 2015 Proposed Resolution No. 19048 was adopted becoming Resolution No. 15-248. The caption of Resolution No. 15-248 reads as follows: RESOLUTION NO. 15-248 A RESOLUTION AMENDING THE UNIFORM TAX ABATEMENT POLICY FOR THE TERM MARCH 9„ 2014 THROUGH MARCH 9, 2016 PURSUANT TO CHAPTER 312 OF THE TEXAS PROPERTY CODE (14) P.R. No. 19051 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And McInnis Construction, Inc., Of Silsbee, Texas, For The 18th Street Improvements Project, For The Additional Work On The Existing 24" Waterline Running Along 19th Street Increasing The Contract To An Additional $120,378.00 And A Time Extension Of 119 Days, Due To Additional Work Performance. Funds Available In Project No. I2118T, GLO Round 2.2 Account No. 144-1201-532.59-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Freeman that Proposed Resolution No. 19051 be adopted. Utility Operations Director Dr. Jimmy Johnson appeared before the City Council to answer inquiries regarding the above-mentioned change order. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19051: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19051 was adopted becoming Resolution No. 15-249. The caption of Resolution No. 15-249 reads as follows: RESOLUTION NO. 15-249 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 3 TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND MCINNIS CONSTRUCTION, INC., OF SILSBEE, TEXAS, FOR THE 18TH STREET IMPROVEMENTS PROJECT, FOR THE ADDITIONAL WORK ON THE EXISTING 24" WATERLINE RUNNING ALONG 19TH STREET INCREASING THE CONTRACT TO AN ADDITIONAL $120,378.00 AND A TIME EXTENSION OF 119 DAYS, DUE TO ADDITIONAL WORK PERFORMANCE. FUNDS AVAILABLE IN PROJECT NO. I2118T, GLC) ROUND 2.2 ACCOUNT NO. 144-1201-532.59-00 City Council Minutes 6 Regular Meeting —July 7, 2015 (15) P.R. No. 19052 — A Resolution Authorizing The City Manager To Review Contract Delay For Allco, L.L.C., For Work Being Performed On The City Of Port Arthur 24" Waterline From 19th Street To The Sabine Neches Canal Project, As Another Contractors Has Completed Working On The City Of Port Arthur Project Which Allows Allco, L.L.C., To Finish This Project (With A Completion Date Of August 9, 2015) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Mayor Pro Tern Frank that Proposed Resolution No. 19052 be adopted. Utility Operations Director Dr. Jimmy Johnson appeared before the City Council to answer inquiries regarding the above-mentioned contract. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19052: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19052 was adopted becoming Resolution No. 15-250. The caption of Resolution No. 15-250 reads as follows: RESOLUTION NO. 15-250 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REVIEW CONTRACT DELAY FOR ALLCO, L.L.C., FOR WORK BEING PERFORMED ON THE CITY OF PORT ARTHUR 24" WATERLINE FROM 19TH STREET TO THE SABINE NECHES CANAL PROJECT, AS ANOTHER CONTRACTORS HAS COMPLETED WORKING ON THE CITY OF PORT ARTHUR PROJECT WHICH ALLOWS ALLCO, L.L.C., TO FINISH THIS PROJECT (WITH A COMPLETION DATE OF AUGUST 9, 2015) A. Resolutions (1) P.R. No. 19054 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Hamilton) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tern Frank that Proposed Resolution No. 19054 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19054: Councilmember Albright "Yes" City Council Minutes 7 Regular Meeting —July 7, 2015 Mayor Pro Tern Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19054 was adopted becoming Resolution No. 15-251. The caption of Resolution No. 15-251 reads as follows: RESOLUTION NO. 15-251 A RESOLUTION APPOINTING AND/OR REAPPOINTING A DIRECTOR OR DIRECTORS TO THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION (REQUESTED BY COUNCILMEMBER HAMILTON) B. Ordinances (1) P.O. No. 6474 — An Ordinance Amending Chapter 70 Parks And Recreation Section 70-45 Horseback Riding And Section 70-60 Traffic Providing For A Ban Of ATVS And Horses On Public Parks; Providing For Penalties And Effective Date And For Publication Thereof The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Scott and seconded by Councilmember Freeman that Proposed Ordinance No. 6474 be adopted. Community Services Director Lawrence Baker appeared before the City Council to answer inquiries regarding the above-mentioned amendment. Mrs. Sanders appeared before the City Council to discuss the above-mentioned amendment. The motion was made by Councilmember Freeman and seconded by Councilmember Swati that Proposed Ordinance be amended as follows: To remove the provision stating that the City Manager and the Parks Director could issue a waiver for special events. The following roll call vote was taken on the motion to amend Proposed Ordinance No. 6474: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" The amendment was adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6474 as amended: City Council Minutes 8 Regular Meeting —July 7, 2015 Councilmember Albright "Yes" Mayor Pro Tern Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6474 was adopted, as amended, becoming Resolution No. 15- 32. The caption of Ordinance No. 15-32 reads as follows: ORDINANCE NO. 15-32 AN ORDINANCE AMENDING CHAPTER 70 PARKS AND RECREATION SECTION 70-45 HORSEBACK RIDING AND SECTION 70-60 TRAFFIC PROVIDING FOR A BAN OF ATVS AND HORSES ON PUBLIC PARKS; PROVIDING FOR PENALTIES AND EFFECTIVE DATE AND FOR PUBLICATION THEREOF (2) P.O. No. 6475 — An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Donation Of 0.4114 Acres Tract Of Land Located At Approximately 1200 Lakeshore Drive To Lamar State College Port Arthur Pursuant To 272.001 (7) Of The Texas Local Government Code The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Frank that Proposed Ordinance No. 6475 be adopted. Lamar State College — Port Arthur Vice President of Finance Mary Whicklin appeared before the City Council to answer inquiries regarding the above-mentioned property. The motion was made by Councilmember Scott and seconded by Councilmember Albright that Proposed Ordinance No. 6475 be tabled. The following roll call vote was taken on the motion to table Proposed Ordinance No. 6475: Councilmember Albright "Yes" Mayor Pro Tem Frank "No" Councilmember Freeman "No" Councilmember Hamilton "Yes" Councilmember Lewis "No" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "No" Proposed Ordinance No. 6475 was tabled. IX. * CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.087 Government Code — To Discuss Incentives/Tax Abatements For Commercial And/Or Industrial Business Prospects (Pure System International) City Council Minutes 9 Regular Meeting —July 7, 2015 (2) Section 551.071 Government Code -- Legal Advice/Consultation Regarding Labor And Employment Law Issues The City Council recessed their meeting at 10:06 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 11:14 a.m. with the following members present: Mayor Prince; Mayor Pro Tem Frank; Councilmembers Scott, Hamilton, Mosely, Lewis, Swati and Freeman; City Manager McDougal; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Hamilton, seconded by Mayor Pro Tem Frank and carried unanimously, the City Council adjourned their meeting 11:15 a.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DELORIS "BOBBIE" PRINCE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD July 7, 2015. APPROVED • City Council Minutes 10 Regular Meeting —July 7, 2015